Opinion Flash

March 15, 2004
Volume 10 — Number 050

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
00 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
04 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


ROGER RAYMOND DESMARAIS v. THE BAILEY COMPANY, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Michael W. Ferrell, Mt. Juliet, Tennessee, for the appellant, Roger
Raymond Desmarais

D. Andrew Saulters, Nashville, Tennessee, for the appellee, The Bailey
Company

Paul G. Summers, Attorney General & Reporter, and E. Blaine Sprouse,
Assistant Attorney General, Nashville, Tennessee, for the appellee,
Second Injury Fund

Judge: LOSER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  In this
appeal, the employee insists the trial court erred in dismissing his
claim.  As discussed below, the panel has concluded the evidence fails
to preponderate against the findings of the trial court.

http://www.tba.org/tba_files/TSC_WCP/desmaraisr.wpd

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0315.wpd

IN RE THE ESTATE OF OLLIE McCORD JOANN HEINRICH v. HELEN BROOKS

Court:TCA

Attorneys:                          

Charles Galbreath, Nashville, Tennessee, for the appellant Joann
Heinrich.

John E. Clemmons, Nashville, Tennessee, for the appellee Helen Brooks.

Judge: KIRBY

First Paragraph:

This is a will contest.  The will disinherited two of the decedent's
five living children and the one child who had predeceased her.  One
of the disinherited children contested the will, asserting that the
decedent did not have the mental capacity to execute a valid will. 
Four years prior to the will's execution, the decedent had been
diagnosed with dementia, a progressive mental disorder.  Based on
witness testimony, the trial court found that, on the date the will
was executed, the decedent had the mental capacity to execute the
will.  The will was admitted into probate.  The will contestant
appeals.  In deference to the trial court's determinations of
credibility, and in light of the weight of the evidence demonstrating
capacity, we affirm.

http://www.tba.org/tba_files/TCA/mccordol.wpd

RALPH SASSER v. QUEBECOR PRINTING (USA) CORP., D/B/A QUEBECOR PRINTING
CLARKSVILLE

Court:TCA

Attorneys:                          

James L. Harris, Nashville, for the appellant Ralph Sasser.

Daniel C. Todd, Nashville, and C. Dan Wyatt, II, Atlanta, Georgia, for
the appellee Quebecor Printing (USA) Corp., d/b/a Quebecor Printing
Clarksville.

Judge: KIRBY

First Paragraph:

This is a case involving an alleged hostile work environment based on
disability.  The employee worked in the maintenance department of a
large printing facility.  He had an on-the-job accident which resulted
in the amputation of his leg.  To accommodate his disability, the
employer created a clerical position for him.  The employee's work
space was a "community desk" located in the maintenance area, an area
to which numerous employees had regular access.  The employee reported
to the employer several incidents of alleged harassment, such as
grease under the desk, lunch residue being left on the desk, dirty
footprints in the desk's chair, and his computer monitor defaced with
a profane statement.  The employer moved the employee to a private
office, and there were no further incidents.  The employee filed a
complaint alleging, inter alia, a hostile work environment based on
disability, his amputated leg.  The trial court granted summary
judgment in favor of the employer.  We affirm, finding that the
incidents do not amount to harassment, and that there is no evidence
that the conduct was either directed at the employee or linked to his
disability.

http://www.tba.org/tba_files/TCA/sasserr.wpd

STATE OF TENNESSEE v. JACOB EDWARD CAMPBELL

Court:TCCA

Attorneys:                          

David M. Hopkins, Nashville, Tennessee (on appeal) and James L.
Weatherly, Nashville, Tennessee (at trial) for the appellant, Jacob
Edward Campbell.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Brent C. Cherry, Assistant Attorney General; Victor
S. Johnson, III, District Attorney General; Dan Hamm and Katrin
Miller, Assistant District Attorney Generals, for the appellee, State
of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Davidson County jury convicted the Defendant, Jacob Edward Campbell,
of premeditated first degree murder, felony murder, and robbery, and
the trial court merged the two murder convictions into a single
offense of first degree murder.  Thereafter, the jury sentenced the
Defendant to life imprisonment with the possibility of parole for
first degree murder, and the trial court imposed a ten- year sentence
for the robbery conviction to be served consecutively to the
Defendant's life sentence. On appeal, the Defendant contends that: (1)
the evidence was insufficient to support his convictions; (2) the
trial court erred by admitting into evidence crime scene photographs
of the murder victim; (3) the trial court erred by admitting into
evidence testimony regarding pills found on the Defendant when he was
arrested; (4) the trial court erred by allowing a State's witness to
read to the jury a summary of the witness's pre-trial statement to
police; (5) the trial court erred by denying the Defendant's request
to introduce a prior recorded statement of an unavailable witness to
impeach a State's witness; (6) the trial court erred by not clarifying
its jury charge that the jury could not consider evidence introduced
at trial concerning the co-defendant; and (7) the trial court erred by
ordering that the sentence for robbery run consecutively to the
Defendant's life sentence.  Finding no reversible error, we affirm the
trial court's judgments.

http://www.tba.org/tba_files/TCCA/campbellje.wpd

STATE OF TENNESSEE v. JAMES CHITWOOD

Court:TCCA

Attorneys:                          

Edgar (Eddie) Taylor, III, Hartsville, Tennessee (on appeal), and
Brody Neill Kane, Lebanon, Tennessee (at trial), for the appellant,
James Chitwood.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; William Edward Gibson, District
Attorney General; and John A. Moore, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, James Chitwood, pled guilty in the Clay County Criminal
Court to aggravated assault and agreed to a five-year sentence as a
Range I, standard offender with the manner of service to be determined
by the trial court.  After a sentencing hearing, the trial court
ordered that the defendant serve his entire sentence in confinement. 
The defendant appeals, claiming that he should have received an
alternative sentence.  We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/chitwoodjames.wpd

STATE OF TENNESSEE v. SANDY MARIE MCKAY

Court:TCCA

Attorneys:                          

David A. Collins, Nashville, Tennessee, for the appellant, Sandy Marie
McKay.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Brian Holmgren, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Sandy Marie McKay, pled guilty to attempted aggravated
child neglect, a Class B felony.  After a hearing, the trial court
sentenced the Defendant as a Range I standard offender to nine years
in the Department of Correction.  The Defendant now appeals,
contesting both the length and manner of service of her sentence.  We
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/mckaysm.wpd

THURMAN PETE ROLLAND, PRO SE v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Thurman Pete Rolland, pro se.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General, for the appellee, State of  Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Petitioner, Thurman Pete Rolland, appeals the trial court's
dismissal of his third petition for post conviction relief.  The State
has filed a motion requesting that this Court affirm the trial court's
denial of relief pursuant to Rule 20, Rules of the Court of Criminal
Appeals.  The Petitioner had no authority to file a third petition for
post-conviction relief, and the statute of limitations had expired. 
Accordingly, the State's motion is granted and the judgment of the
trial court is affirmed.

http://www.tba.org/tba_files/TCCA/rollandthurman.wpd

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